Policy paper 4: Urban governance, capacity and institutional development*

Transcription

1 United Nations A/CONF.226/PC.3/17 General Assembly Distr.: General 13 June 2016 Original: English Preparatory Committee for the United Nations Conference on Housing and Sustainable Urban Development (Habitat III) Third session Surabaya, Indonesia, July 2016 Policy paper 4: Urban governance, capacity and institutional development* Note by the secretariat The secretariat of the United Nations Conference on Housing and Sustainable Urban Development (Habitat III) hereby transmits a policy paper entitled Urban governance, capacity and institutional development, prepared by the members of Policy Unit 4. Habitat III policy units are co-led by two international organizations and composed of a maximum of 20 experts each, bringing together individual experts from a variety of fields, including academia, government, civil society and other regional and international bodies. The composition of Policy Unit 4 and its policy paper framework can be consulted at * The present document is being issued without formal editing. (E) * *

2 Policy paper 4: Urban governance, capacity and institutional development Executive summary Since the Habitat II Conference in 1996, the wider context of urban development has changed considerably and many urban challenges have become more pronounced and evident. The globalization of economies and value systems, population growth and rapid urbanization, the threat of climate change and environmental degradation, increasing inequalities, global migration, global health risks and the impact of new technologies have all been reshaping the challenge s facing the governance of cities and their societies. This Habitat III policy paper focuses on urban governance, capacity and institutional development and identifies the following 10 key messages based on aspirations for the right to the city, sustainable and equitable development and territorial equity: By and large, urban governance frameworks and institutions in most countries need to evolve to face critical challenges. Urban governance systems in most countries are currently not fit for purpose and need critical reforms to enable sustainable urban development. These reforms will have to go beyond sectoral policies and consider cooperation between different spheres of government and non - State actors, fostering a balanced distribution of powers, capacities and resources including the revision of legislative, regulatory and fiscal frameworks. In many countries, existing institutional frameworks prevent urban governments from fully delivering on their responsibilities. Inadequate decentralization, lack of resources, insufficient capacity and poor frameworks for engagement with civil society and key stakeholders weaken urban governance. Many countries suffer from ill-defined distributions of responsibilities between different levels of governments, leading to the duplication of roles and blind spots. Such ineffective multilevel governance systems compromise planning processes, risk backlogs in budget spending, incur higher transaction costs and create wider economic inefficiencies, as well as compromising transparency and accountability. Cities and urban societies continue to suffer from an imbalance of political power and insufficient inclusiveness and participation. Collective decision-making has so far failed to address the gap between broader, typically national developmental agendas and inhabitants needs on the ground. While representative democracy is an important vehicle to allow citizens to exercise their rights, more participatory processes suffer from structural constraints. Women, youth, ethnic minorities, the urban poor and other disadvantaged groups such as people with disabilities are still side-lined in decision-making processes. Inequalities, insufficient access to basic services, lack of decent housing, job insecurity and informality are shaping spatially fragmented and socially segmented cities. The demands of inhabitants need more participatory spaces to avoid increasing social tensions and discontent with political systems. The expansion of metropolitan areas and the growing gap between these and intermediary cities pose additional challenges to urban and national governance. The growth of large metropolitan areas e.g. metropolises, megacities, urban regions and corridors is reshaping the urban landscape, raising new challenges for the management of metropolitan areas. Weak metropolitan 2/38

3 governance undermines development potentialities and the attractiveness of metropolitan areas as cornerstones of national development. At the same time, the lack or the inadequacy of policies for intermediary cities, particularly in developing countries (who will host most of the urban growth in the coming years), prevents the creation of a strong system of cities and a balanced regional socioeconomic development. Above all, new urban governance should be democratic, inclusive, multiscale and multilevel. Effective multilevel governance needs to be the result of a broad consultative process, built around mechanisms for vertical and horizontal integration. Vertical integration involves collaboration between national, regional and local government (and ultimately supranational institutions). Horizontal integration involves collaboration between sectoral ministries and departments, municipalities and public institutions at the same governance level. In addition, and recognizing urban complexity, diversity and local context, multilevel governance should include collaboration between governmental and non-governmental actors, above all civil society actors and the private sector. Integration at all levels will increasingly benefit from digitalization and be facilitated by a shift towards digital era governance. New urban governance requires robust national urban and territorial policies. National urban governance frameworks need to enable effective multilevel governance through clear legal and institutional structures, based on the principles of subsidiarity and decentralization (respect for local self-government, clear sharing of powers and responsibilities, etc.), an adequate intergovernmental allocation of financial resources, and empowerment of citizens. Ensuring a better allocation of national resources to subnational governments needs to be coupled with equalization mechanisms to reduce inequalities between regions, metropolitan areas and intermediary cities, with the aim of building synergies and complementarities between cities and territories. Local and subnational governments anchor new urban governance on the ground and play a pivotal role in implementing the New Urban Agenda. Strong and capable local governments are the key levers to ensure inclusive and sustainable urban development, with accountable urban governance systems and balanced multi stakeholder involvement. The models of urban governance for the twenty-first century need empowered local governments employing professional staff. Intermunicipal cooperation, including between urban and rural municipalities, should be facilitated through adequate incentives to create economies of scale and integration. Decentralization on the one hand empowers and on the other hand obliges. Increased responsibilities and duties to local governments demand openness and transparency but also accountability and responsibility. Strong metropolitan governance is a key component of new urban governance. National Governments should enable metropolitan governance, ensuring the involvement of both local and regional governments in the reform process. As there is no one-size-fits-all solution, different models could be established within the same country in order to respond to the specific needs of different metropolitan regions. Most importantly, providing metropolitan regions with authority over critical metropolitan concerns (which may be context specific while tending to have a strong focus on spatial governance) requires democratic 3/38

4 legitimacy, legal frameworks and reliable financing mechanisms for metropolitan governance. A buoyant and participative civil society involves clear recognition of citizens rights. Formal participation procedures should be complemented by collaborative partnerships which go beyond consultation of policies/interventions, recognizing civil society groups as active partners in new urban governance. Innovative and effective participation tools should be adopted to foster meaningful engagement and emancipation of all inhabitants, bringing social justice, liveability and democratic governance to the process of urban transformation. Alongside an active participatory democracy, transparency and accountability are the key pillars for new urban governance. Capacity-building for urban governance needs to be accelerated. Improving differentiated capacities linked to urban governance needs to take into account institutional capacities, the technical and professional skills of individuals as well as local leadership skills. Building capacities related to urban planning, budgeting, public asset management, digital era governance, data gathering and engaging with other stakeholders are of particular urgency. Capacity-building actions need to go beyond conventional training and stimulate learning in the short, medium and long term. 4/38

5 I. Vision and framework of the policy paper s contribution to the New Urban Agenda 1. Successful implementation of the New Urban Agenda will depend on appropriate, democratic, efficient and inclusive urban governance and institutional frameworks. The New Urban Agenda should build on the legitimacy of the Istanbul Declaration, in which Member States recognized that local authorities are key partners in urban governance, as well as acknowledging the role of civil society and the private sector. 1 At the same time, the New Urban Agenda should be closely linked to the 2030 Agenda, 2 the Paris Agreement on Climate Change 3 and the Addis Ababa Agenda on Financing for Development. 4 Urban governance will need to undergo a deep transformation to achieve these global agendas, all of which converge in our cities and territories. A/CONF.226/PC.3/17 A. Towards a new urban governance 5 2. Urban governance consists of a set of institutions, guidelines, regulatory and management mechanisms in which local governments 6 are key, but not exclusive, components. 3. Our cities and their surroundings require a new urban governance based on open decision-making, with the active participation of local stakeholders and with the aim of defining the best policies for the common good. In terms of political 1 The Habitat Agenda Istanbul Declaration on Human Settlements, para. 12, recognizes local authorities as our closest partners, and as essential, in the implementation of the Habitat Agenda. The full text of the Habitat Agenda also pointed out that it is they, local authorities and other interested parties, who are on the front line in achieving the goals of Ha bitat II (para. 56). 2 United Nations (2015a). 3 United Nations Framework Convention on Climate Change (2015). 4 United Nations (2015b). 5 Governance refers to the process whereby elements in society wield power and authority, and influence and enact policies and decisions concerning public life, and economic and social development. Governance is a broader notion than government. Governance involves interaction between these formal institutions and those of civil society. (The Governance Working Group of the International Institute of Administrative Sciences 1996). 6 In this document, the term local governments refers to all subnational governments except those of the highest tier in federal countries (state, provinces, Lander), with some exc eptions. For example, when federal governments have the city governance responsibility (e.g. Berlin, Brussels, Mexico City, Buenos Aires, etc.) they are considered local governments. Countries could have different tiers of subnational governments (one, two, three or even more levels). In general, the first tier, the level closest to the inhabitants, are city councils, municipalities, communes, Gemeinden, districts, townships, metropolitan districts, etc. Some countries even have a level below municipalities or city councils (boroughs, arrondissements, parroquias). The United States of America, for example, also has special districts with specific responsibilities and powers (e.g. schools districts). The second tier is designated in general as counties (e.g. United Kingdom of Great Britain and Northern Ireland); departments (e.g. in France or Colombia), provinces (e.g. Spain); (Landkreise in Germany, or Rayons in Russia). The third tier consists of regions (e.g. Peru or France). Big urban areas could be managed by one city council (Johannesburg) or by many municipalities (Sao Paulo, New York), by governments merged into the second or third tiers (of Mexico City or Buenos Aires); or governments operating across tiers: Paris is a municipality (first tier) but also a department (second tier); Berlin is a municipality and a Land. The Greater Authority of London is considered a second-tier government. 5/38

6 process, its implementation should combine representative democracy, based on the regular election of local authorities, and participatory democracy, ensuring the involvement of all at the local level. 4. This requires an effective system of multilevel governance, 7 with well-defined spheres of government (national, regional and local) based on appropriate decentralization policies that aim to construct a balanced and collaborative system of well-managed cities and improved urban-rural linkages so that no city or territory is left behind In times of uncertainty and change, informed, flexible, innovative, forwardlooking governance, open to continuous learning, is needed to develop intelligent governance. Currently, global public health problems, the impacts of climate change and inequalities are increasing the vulnerability of cities. Many cities are home to youth booms or vulnerable ageing populations and many are experiencing unprecedented migration flows as a consequence of the democratic transition. Profound transformations will be required in the pattern of production and consumption, methods of public participation and involvement of citizens in public policy if all these challenges are to be faced. New urban governance will depend on capacity-building for all spheres of government, particularly municipal authorities. 6. Finally, the complexities and specificities of the various urban scales should be recognized. Small towns, intermediary cities and urban agglomerations require complex and multisectoral forms of metropolitan governance. B. Goals of a new urban governance 7. A new urban governance will need to respond to the call for the exercise of the right to the city as a strategic approach to combat exclusion. This involves the redistribution of material, social, political and cultural resources, based on the principles of democracy, equality, inclusiveness and recognition of diversity. The right to the city nurtures tolerance and peaceful coexistence while guaranteeing equal access and protection of common goods, including land use. It also seeks the far-reaching participation of all relevant actors in decision-making. 8. A new urban governance should also promote sustainable and equitable development that prevents the depletion of natural resources and addresses environmental challenges. It should foster a new economy 9 that values social 7 The term multilevel governance was first used by Marks (1993) to refer to European policymaking. Today, the concept is used in a wider, global context to call for transformation in the distribution of authority on grounds of efficiency, even within the context of global governance (Stephenson 2013). In this paper, multilevel governance is understood as a decisionmaking system to define and implement public policies produced by a collaborative relation either vertical (between different levels of government, including national, federal, regional or local) or horizontal (within the same level, e.g. between ministries or between local governments) or both. It also includes the partnership with actors from civil society and private sector for the achievement of common goals. In order to be effective, multilevel governance should be rooted in the principle of subsidiarity, the respect for local autonomy and establish mechanisms of trust and structured dialogue (Issue paper on urban governance). 8 Organization for Economic Cooperation and Development (OECD) (2013b). 9 United Nations Environment Programme (2011); The Global Commission on the Economy and Climate (2014). 6/38

7 emancipation and achievements above profit, where work is a means to enhance human dignity and inclusion. 9. Finally, a new urban governance should facilitate territorial equity by linking up cities and rural areas and ensuring access to services for all based on the principle of spatial equality. C. Characteristics of a new urban governance 10. Democratic and inclusive. This implies guaranteeing the right to participate in the development of cities and their surroundings for all stakeholders, with special attention given to vulnerable groups. It also implies ensuring access to technologies to enhance service provision and participation. 11. Long-term and integrated. New urban governance should allow for longterm public policies, beyond terms of office. It should also foster comprehensive public policies that involve the whole territory in a systemic and intelligent wa y. 12. Multi-scale and multilevel. New urban governance requires coordination between different levels of government 10 and sectors of society, so that challenges that arise in cities can be faced efficiently. 13. Territorial. Urban areas are not only the place where the majority of the population lives; they are embedded in territories where the built environment meets the natural environment. In a new urban governance, cities must be seen and understood as a system of relationships between urban and rural areas operating as an urban ecosystem. 14. Proficient. Institutions and individuals should have the necessary skills to implement relevant public policies in a responsive and realistic way. 15. Conscious of the digital age. New technological developments can assist local authorities in crafting more transparent, accountable, participatory and responsive governance systems. Digital era governance 11 may also equip citizens and businesses with the ability to push for changes in society in a bottom -up fashion that might lead to a fundamental change in our economies. 12 II. Policy challenges 16. Since the Habitat II Conference in 1996, the framework conditions for urban development have changed significantly. The globalization of economies and value systems, population growth and rapid urbanization, the threat of climate change, increasing inequalities, global migration and the impact of new technologies have all been reshaping the challenges facing the governance of cities and societies. 10 While the term levels of government is used in this document, it does not imply that any one level of government is superior to another. 11 Dunleavy and Margetts (2010). 12 See Rifkin (2015: 18): Markets are beginning to give way to networks, ownership is becoming less important than access, the pursuit of self-interest is being tempered by the pull of collaborative interests, and the traditional dream of rags to riches is being supplanted by a new dream of a sustainable quality of life. 7/38

8 17. Over the past few years and in a majority of regions, we have witnessed a trend towards decreasing turnout in national and local elections combined with rising civil society discontent with political systems and public institutions. There have been popular outbreaks in many cities of the world, reflecting growing demands by citizens for more equity and democracy and highlighting the key policy challenges facing future urban governance. A. Increasing complexity of urban governance 18. Due to the increasing complexity of our societies, urban governance is increasingly shaped by multilevel systems and multi-stakeholder interactions. 19. Current urbanization trends and urban changes are influencing development dynamics on a global scale, posing unprecedented challenges for urban governance. 13 An acknowledgement of the increasing complexity of urban systems has led to the recognition that urban governance needs to adopt a more integrated approach in order to respond to current and future challenges. 14 A new concept of urban governance has to grasp the issue of integrating different levels of government and a wide range of participating actors formally or informally in policy formulation and implementation. 20. Any general agenda for reforming urban governance also needs to acknowledge the challenges associated with the diversity of local conditions and new urban forms, taking both the opportunities that urbanization offers and its adverse effects into consideration. The coexistence of metropolitan areas, intermediary cities, small towns, rapidly growing cities and shrinking cities calls for a differentiated policy approach. Even though national definitions of threshold size vary widely, urban policy (at the national level) is confronted with the challenging task of having to adapt policies to specific urban characteristics, while reducing inequalities between different urban areas and regions (different in terms of poverty, demographic issues, infrastructure, etc.). 21. A balanced and well-managed system of cities calls for strategies that include coherent long-term and cross-sector national urban and regional/territorial 15 policies that provide adequate support and coordination within and between different levels of government and ensure the efficient use of resources. B. Absent or inadequate decentralization 22. In the past 30 years, more than 100 countries have created local government systems, with local authorities elected through regular democratic elections in order to anchor democracy at the local level, improve service delivery and respond to local communities demands. 13 Burdett et al. (2014). 14 Rode et al. (2008). 15 In this paper, territorial policies or territorial strategies refer to the policies related to regional planning. Regional planning address region-wide environmental, social, and economic issues including efficient placement of land-use activities, infrastructure, and settlement growth that will encompass more than one state, province or region. 8/38

9 23. However, the implementation of these reforms has been varied and complex. In some countries local governments have great autonomy and accountability: they are responsible for the widespread provision of basic services and are able to raise revenues and expenditures which represent a significant share of total government spending (averaging 24 per cent in Europe). However, since the global financial and economic crises, local governments have faced budget constraints and have struggled to renew infrastructures in order to adapt to structural changes (e.g. ageing populations and climate change). In other countries, where basic service provision is still lacking, local governments typically have limited powers and resources and lack professional staff and revenue raising capacities. Their budgets are small in both absolute and relative terms (e.g. less than 10 per cent of central government expenditure in a majority of countries in sub-saharan Africa) Ineffective decentralization processes can result in weak multilevel governance, inadequate planning processes, economic inefficiencies, backlogs in budget spend and higher transaction costs. C. Ineffective legal and institutional frameworks 25. In many countries the potential of local governments as key levers of urban governance remains unexploited due to a chronic weakness stemming from an ineffective legal and institutional framework. 26. Only a limited number of countries have developed and implemented comprehensive and coherent national urban policies in the last 10 years. 17 Often, national legal and institutional frameworks are not adequately adapted to the specific contexts of urban areas and the capacity of subnational governments. There is often a disconnect between legal, administrative and fiscal frames, a lack of clarity in the distribution of responsibilities between different levels of government, and regulations that are frequently contradictory. In addition, these frameworks are often too rigid to react to the rapidly changing situations and dynamics of urbanization. 27. Urban planning and land regulation, for example, are critical areas for urban governance. 18 In many countries current legal and institutional frameworks do not allow national or local governments to respond adequately to the growing speculation in land and housing. The weakening of land-use and social housing policies in recent decades has diminished the access of the poor to decent housing, increasing urban social segmentation and the development of slums in developing countries. Informal settlements, insecure tenure and eviction continue to be a critical dimension affecting nearly 1 billion people globally. This situation will continue and grow over the coming decades unless adequate policies are implemented and local governments are empowered and capacitated to improve land and housing management, ensure the enforcement of land regulations and contribute to integrating informal settlements (and customary land management systems) into the urban planning and management of urban areas United Cities and Local Governments (UCLG) (2014b). 17 Dodson et al. (2015). 18 LSE Cities et al. (2015). 19 Parnell and Oldfield (2014). 9/38

10 28. Inter-municipal cooperation (the development of partnerships and cooperation between neighbouring municipalities), could reduce institutional fragmentation, enhance the synergies of agglomeration economies and foster coherence and coordination within and between municipalities (e.g. for service delivery, planning, etc.). It is well entrenched in Europe and increasingly in other regions, for example in Latin America, but it is not always recognized or facilitated in many other regions. In many countries, legal frameworks and national policies hamper cooperation between neighbouring cities and between cities and their hinterlands, reducing the strength of urban-rural linkages Good-quality laws help build strong institutional frameworks, public accountability and stakeholder involvement in urban and territorial development, strengthening the role of the public sector in regulating urban development and protecting public goods. Ineffective legal frameworks remain a persistent challenge in recognizing these goals. D. Metropolitan challenge 30. More than five hundred cities worldwide have exceeded the threshold of 1 million inhabitants. 21 Many of these have physically grown beyond their administrative boundaries (local and sometimes even national) and their economies have become more globalized, attracting flows of goods, capital and migrants from different regions of the world. Some have expanded to megacities, urban corridors or large urban regions. A metropolitan area can be a single conurbation for which planning and distribution of services is functional, or it can be made up of dozens of municipalities with significant disparities and spatial segregation across neighbourhoods. The lack of coordination at the metropolitan scale may create cost - ineffective solutions, especially in terms of coping with spill-over and externalities challenges. 31. The number of metropolitan governance authorities has increased considerably since the 1990s. Metropolitan governance arrangements range from soft inter - municipal cooperation to more structured, integrated, sometimes even elected forms of governance. Most metropolitan governance reforms have triggered intense political debates and controversies. However, barriers to further reform efforts exist, including strong local identities and antagonisms, the vested interests of municipalities and residents, opposition from higher levels of government or constraints related to local public finance systems. 22 E. Inequality and exclusion 32. Current urbanization processes are reinforcing inequality and exclusion particularly for women, youth, the elderly, minorities and the urban poor. Social imbalances cause friction and in some cases violence and political instability. It is generally acknowledged that the existing challenges cannot be overcome without proper participation and a far-reaching, active involvement of inhabitants. 20 Salet and Savini (2015). 21 United Nations Department of Economic and Social Affairs, Population Division (2014). 22 Andersson (2015). 10/38

11 Participatory processes still suffer from structural constraints, with an absence of legislation that recognizes civil society organizations, guarantees and promotes participation, and allows access to public information and data to promote informed citizenship organization. There is also a lack of transparency and accountability in public institutions. 33. The challenge of advancing a right to the city approach based on the recognition of human rights as a cross-cutting dimension of urban policy is central to strengthening citizen participation and ensuring more equity in urban societies. F. Weak frameworks for service delivery partnerships 34. With regard to service provision, public partnerships with other actors (private sector, NGOs, community organizations, etc.) can assist with service delivery and other critical aspects of urban development (slums, city expansion, etc.). 35. However, in many regions the legal frameworks dealing with tendering, contracts and oversight are weak or unimplemented and this lack of clarity discourages domestic and foreign business investment. 36. At the same time, public-private partnerships (PPP) have proved complex to undertake (e.g. pre-feasibility studies, strong technical expertise and negotiation capacities). National and local governments often do not have the information and expertise necessary to negotiate on an equal footing with powerful international companies that have extensive experience in different areas of public services delivery. 37. Public institutions, and particularly local governments, also face the challenge of developing partnerships with communities and the informal sector. G. Insufficient monitoring and evaluation of urban policies 38. Many subnational governments currently have no access to localized data and thus do not have the capacity to take informed decisions and better prioritize local policies. The task of monitoring and evaluating the Sustainable Development Goals and the New Urban Agenda will require the compilation of more disaggregated and localized data, with the support of national statistical offices in collaboration with local governments and stakeholders to ensure the follow-up of public policies. 39. In addition, national Governments do not sufficiently promote the involvement of local governments and stakeholders in the definition, implementation and monitoring of urban and regional policies and plans, while civic society stakeholders lack access to independent mechanisms for the monitoring and evaluation of public policies and projects (e.g. observatories, citizens or communities report cards). H. Rapid technological change 40. The digital age has dramatically changed our societies, the way we live, work and play. New technological developments offer unforeseen possibilities for 11/38

12 businesses, citizens and public actors. Yet public authorities sometimes find it difficult to respond to these new developments. What should be regulated? What should be left to the market? How best to protect common goods? Technological change poses complex and interrelated urban challenges that require city institutions to adapt. 24 The collection, ownership, use and openness of big data and networked and real-time information have already led to the establishment of new urban governance processes and structures. 25 Questions surrounding the use of sensors, algorithms, automation, surveillance, and personal data protection and privacy present a continuing challenge for urban governance into the future. III. Prioritizing policy options: transformative actions for the New Urban Agenda 42. Creating the enabling conditions for developing policies that lead to a dynamic, sustainable and equitable urban future calls for a balanced distribution of power, enabled by legal and financial instruments that take into account the key principles of subsidiarity and proportionality. New urban governance, which is based on the generally accepted principles of good governance, puts the protection of all inhabitants at the core of urban and rural development: it respects human rights, is transparent and accountable, protects marginalized and vulnerable members of society, and promotes citizen participation, youth empowerment and gender equality. 26 Good governance protects and improves the environment; it aims to improve quality of life, safeguard public health, and reduce the environmental impact of all human activities while striving to achieve economic prosperity and employability. 43. Legal frameworks addressing overarching issues relating to the New Urban Agenda are essential to enhance the efficiency of institutional frameworks. Member States are advised to revise and/or develop a comprehensive legal system to underpin all facets of urban management, adapted to different ur ban realities. Goodquality laws help to build strong institutional frameworks, public accountability and stakeholder involvement in urban and territorial development, strengthening the role of the public sector in regulating urban development and protecting public goods. Legal frameworks need to be both empowering and flexible in order to help cities meet their new challenges. 44. More general enabling conditions for the New Urban Agenda include capacitybuilding, participation, and the flexibility to adapt to changing sociospatial contexts, new policy-specific needs, environmental changes, and the impact of innovative technologies such as the digital revolution. 23 See European Urban Knowledge Network (EUKN) (2015). 24 Margetts and Dunleavy (2013). 25 Kitchin (2014); Townsend (2014). 26 Transparency International (2015). 12/38

13 A. Create strong multilevel governance frameworks 45. Effective multilevel governance 27 is the overarching prerequisite for new urban governance and the successful implementation of the New Urban Agenda. Implementing the Sustainable Development Goals is a multilevel challenge. 28 Within multilevel governance systems, national Governments need to facilitate dialogue and collaboration between different levels of government and public institutions, while retaining its sovereign functions. Decentralization, partnerships and participation have already led to some reduction of hierarchy and more flu idity between the levels. Networks, within and across geographical boundaries and governmental levels have become inter-linked; non-governmental actors such as NGOs, civil society organizations, and the private sector are seen as key partners for governments at all levels A multilevel governance framework, based on regular consultation and partnerships across different levels of government, requires coherent legal frameworks and regulations to avoid overlapping, gaps and the inefficient use of resources. Establishing a clearly defined and reliable financing mechanism is also a critical factor in creating an effective multilevel governance system. For example the European Union Urban Agenda, bringing together member States, the European Commission, local authorities, knowledge institutions and the private sector in thematic partnerships, is an inspiring case of a policy approach based upon shared interests. 47. To be effective, multilevel governance needs to be based on institutional frameworks that can directly address critical problems and challenges in an integrated way rather than relying on fragment policy sectors. 30 This acknowledges that effective integrated governance needs to prioritize the integration of certain geographic scales and sectors over others. 31 Integrated governance is congruent with multilevel governance. It needs to consider two dimensions: (a) vertical coordination between municipalities, metropolitan authorities, regional, state/provincial and national (in some regions, such as the European Union, also supranational); and (b) horizontal coordination between sectoral departments, authorities and governments, as well as non-governmental actors at the same governance level. 27 Since the Brundtland report (World Commission on Environment and Development, 1987) sustainable development has been perceived as a policy that balances social, economic and environmental interests. Balancing these sometimes conflicting interests requires an effective multilevel governance structure that offers an institutional framework for decision-making and implementation. Without such a framework, it will not be possible to make cities and human settlements inclusive, safe, resilient and sustainable (Sustainable Development Goal 11) and to address today s urgent global challenges. This is acknowledged by several United Nations resolutions and statements. Paragraph 76 of resolution 66/288 of the General Assembly recognizes that effective governance at the local, subnational, national, regional and global levels representing the voices and interests of all is critical for advancing sustainable development and paragraph 79 clearly emphasized the need for an improved and more effective institutional framework for sustainable development which should be guided by the specific functions required and mandates involved (Rio+20 Declaration, The future we want ). 28 Meuleman and Niestroy (2015). 29 Stoker (1998) et al. (2002). 31 Rode, P. (2015). 13/38

14 48. Promoting the collaboration between governmental and non-governmental actors (e.g. civil society, the private sector, academia, etc.) requires particular attention. 32 Public-private and public-private-popular partnerships require different forms of cooperation or co-production from those between state actors. Civil society organizations and NGOs should be regarded as key partners of governmental actors. With an adequate legal framework and support, local partnerships with local communities and the private sector can be developed to ensure universal access to basic local services, as well as resilient infrastructures to guarantee human rights and dignity, address social and economic inequalities and environmental challenges. B. Strengthen decentralization processes 49. City governments, as the level of government closer to urban dwellers, have become increasingly important as a result of decentralization, networking and globalization. 33 The development of an effective decentralization process that recognizes the importance of all levels of governance and clearly delineates the roles, powers and functions of national and subnational governments is necessary to establish an effective multilevel governance framework. The multilevel governance approach outlined above should therefore be based on the principles of respect for local self government and subsidiarity, in order to ensure that subnational governments take up their full responsibilities in fostering sustainable urban development. 34 In many countries, this requires a better sharing of power and resources between national and subnational institutions/governments. 50. Effective decentralization requires adequate resources both human and financial to be channelled to local and regional governments, which need to be accountable to their citizens in the fulfilment of their responsibilities. Local authorities should be vested with the necessary powers to mobilize local resources, with the capacity to manage and collect local taxes and fees, set service tariffs, have access to different financing sources, and experiment with innovative financing models. Within guidelines and rules established by national Governments and the legislature, local governments should also be encouraged to access national borrowing and, where possible, international finance. 51. Local authorities also need to be given autonomy to manage their staff (to decide on hiring, rewarding and firing based on merit and transparency, etc.). The professionalization of local government institutions, based on clear career paths and appropriate remunerations and training for local government employees, is essential. To strengthen transparency and accountability, the legal and institutional framework should improve public control and citizens access to public data (e.g. through the use of new technologies); and fight against corruption and bribery. An effective, well-enforced regulatory framework (using tendering, contracts, etc.) is also essential to get the best out of private enterprises and expand partnerships for specific projects with communities. 52. Effective decentralization is critical to enhancing national and local urban policies. To improve the institutional framework, national Governments should promote the strong involvement of city and regional authorities in all processes of 32 Curry (2015). 33 Ibid. 34 Evans et al. (2006); Floater et al. (2014); Rydin (2010). 14/38

15 metropolitan and subnational legal or administrative reforms, in the definition of subnational development strategies and particularly in the definition and implementation of national urban and territorial policies. C. Promote integrated national urban and territorial policies 53. The existence of decentralization and strong national frameworks for urban and territorial policies is also critical for the management of a balanced system of cities and territories. These policies need to be supported by a clear legal and institutional framework, based on the principles of subsidiarity, an adequate intergovernmental allocation of financial resources and the empowerment of citizens. A multilevel governance approach will be strengthened by strong political will, which is needed to define visionary national strategies through a broad consultative process. 54. National frameworks for urban and territorial policies are critical for fostering sustainable urbanization and regional development, ensuring integration across policy silos and better allocation of national resources to subnational governments, coupled with mechanisms to reduce socioeconomic and territorial inequalities between and within regions. Such policies will recognize the importance of all levels of human settlements rural areas, small towns, intermediate cities 35 and metropolitan areas in the system of cities and devolve governance mechanisms in such a way that all systems are able to respond appropriately to local realities and challenges, fostering interconnectivity and complementarity and thereby building an integrated system of cities. 55. Habitat III Policy Unit 3 highlights the need for national urban policies to be legitimate, integrated and actionable, monitored effectively and supported by mechanisms that ensure continuity while allowing for necessary adjustments. D. Reinforce metropolitan governance 56. Responding to new urban challenges requires adjusting the distribution of power to match the reality of where people live and work (functional urban areas), 36 rather than matching policies to administrative boundaries that were, in some cases, drawn up centuries ago. Metropolitan governance mechanisms can offer flexible coordination of policies amid rapidly changing conditions to help address externalities and spillover issues and create synergies to boost metropolitan development. 37 Strategic spatial planning, 38 major infrastructure development and the provision of public services in metropolitan areas call for a concerted effort for example, the complexity of providing public transport systems that enable millions of trips to be made in a safe and timely manner every day poses serious technical, managerial, political and financial problems that isolated municipalities cannot solve individually. 35 ESPON (2012); Roberts (2014). 36 Hamilton, D.K. (2014); van den Berg et al. (1997). 37 Clark and Moonen (2013). 38 Salet et al. (2003). 15/38

16 57. There is no one-size-fits-all solution; metropolitan governance models can range from soft partnerships to more institutionalized arrangements (e.g. single - or multisectoral planning agencies, inter-municipal collaboration agreements, elected or non-elected metropolitan supra-municipal structures). 39 Different models could be set up within the same country in order to respond appropriately to the specific needs of different metropolitan regions. 58. Adequate legal tools and related incentives are required in order to foster metropolitan governance and voluntary inter-municipal cooperation. National standards (such as population thresholds) could be established for identifying areas where metropolitan governance is required taking into account the specific economic, social, environmental and cultural characteristics of different places. In order to be successful, metropolitan governance reforms require buy-in from all levels of government particularly from core and peripheral cities and they need to be adapted to the different national/regional contexts Metropolitan governance structures should be given powers that are relevant to metropolitan concerns, together with access to financing mechanisms that deal with externalities and mobilize medium- and long-term investments in big infrastructure projects and metropolitan services. Metropolitan finances should ensure that equalization mechanisms are in place to reduce internal disparities. Partnerships with the private sector and communities can also contribute to improving resource mobilization for service delivery and infrastructures (contracts, lease, concessions, etc.) 60. The emergence of urban regions and corridors including across national borders calls for even wider horizontal cooperation to facilitate economic and social development and to respond to environmental challenges. Cross-boundary coordination between national, regional and local authorities is needed to enhanc e the resilience of rapidly urbanizing areas. E. Promote a new culture of participation and equity 61. The challenges outlined in section II call for a new culture of participation based on an empowered civil society and a buoyant local democracy, characterized by an approach encompassing co-responsibility for urban and local development. New urban governance can contribute to a recalibration of the interface between government, the private sector and civil society, thereby deepening democratic practices to balance traditional and informal lobbies. The establishment of a new kind of culture is one of the most serious challenges for urban governance. 62. An appropriate and efficient legal framework to ensure the responsible participation of citizens in decision making at different levels is a precondition for boosting civil society participation in urban development on a regular basis. In particular, this concerns the participation of women, youth, informal workers and marginalized groups (e.g. slum dwellers, minorities or immigrants) at the local level. 39 World Bank Group (2015); OECD (2015b), Ahrend et al. (2014b); Bahl et al. (2013). 40 OECD (2015a). 16/38

17 63. In addition to national and local legal frameworks, national and local governments should define institutional spaces or mechanisms, set clear and transparent rules, facilitate access to public information (open data) and promote adequate policy support in order to encourage the participation of autonomous civil society organizations in local decision-making processes. New technologies can help keep inhabitants informed and involved. 64. Innovative participation processes have been established and applied in some countries over the past few years (participatory budget and planning, youth councils, etc.). However, as some critics of these processes stress, participatory practices should not result in controlling citizen participation, but rather in fostering autonomous community organization. 65. Civil society should make local and national governments accountable to citizens and communities, building independent mechanisms for the monitoring and evaluation of public policies (e.g. observatories). National and local governments can also promote independent mechanisms to facilitate arbitration where conflicts arise between citizens and public administration (e.g. the local ombudsman). F. Strengthen capacity-building for urban governance 66. New urban governance requires greater capacity at all levels of governance and for all involved actors. Above all, every local government should be able to set up a well-resourced capacity-building programme, led locally in partnership with civil society and supported both nationally and internationally. Decentralization and devolution should be the focus of specific capacity-building programmes. The extent of decentralization and the legal frameworks that accompany this should be assessed, as well as urban planning and management, the capacity of subnational governments to improve their accounting, auditing and procurement systems a nd the follow-up capacity of national Governments, etc. 67. This requires a systemic approach and the mobilization of different modalities of education and training high and middle-level education, technical courses, peer-to-peer learning and technical support to overcome the gaps that exist in the professional and administrative capacity of many countries to manage urbanization. Innovative strategies targeted at local governments and other institutions that operate at the city level should be developed. 41 This includes the engagement of local government and civil society in a mutual exchange of information and knowledge. The involvement of civil society requires the development of capacitybuilding programmes to improve the capacity of community leaders and public institutions to engage in dialogue and support a partnership-collaborative approach. Powerful NGOs such as Women in Informal Employment (WIEGO) and Slum Dwellers International (SDI) have been able to pool resources and increase access to information for low-income communities, with tangible positive outcomes Efforts should also be directed at closing the gap between the realities of academia and that of local government. In addition, there is a need for stronger learning links between local governments and the business sector in order to foster 41 Meuleman and Niestroy (2015). 42 Cf. Women in Informal Employment: Globalizing and Organizing (WIEGO) (2015), and Shack/Slum Dwellers International (SDI)) (2015). 17/38